{"id":"a-2008-32","name":"Crimes (Controlled Operations) Act 2008","slug":"crimes-controlled-operations-act-2008","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"32 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23330,"registerId":"act-a-2008-32-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Controlled Operations) Act 2008","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Controlled Operations)\nAct 2008\nA2008-32\nRepublication No 4\nEffective: 17 December 2021\nRepublication date: 17 December 2021\nLast amendment made by A2021-33\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Crimes (Controlled Operations) Act 2008 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n17 December 2021. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 17 December 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Controlled Operations)\nAct 2008\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Objects of Act 3\n7 Relationship to other laws and matters 3\n8 Controlled operation taken to be conducted in ACT 5\nPart 2 Authorisation of controlled operations\n9 Application for authority to conduct controlled operation 6\n10 Decision on application for authority 7\n11 Form of authority 8\n\nContents\nPage\ncontents 2 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Duration of authority 10\n13 Amendment of authority 10\n14 Form of amendment of authority 13\n15 Cancellation of authority 13\n16 Effect of authority 14\n17 Defect in authority 14\nPart 3 Conduct of controlled operations\nDivision 3.1 Controlled conduct engaged in for authorised\noperation\n18 Protection from criminal responsibility for controlled conduct during\nauthorised operation 15\n19 Civil liability not incurred 16\n20 Effect of s 18 and s 19 on other laws relating to criminal investigation 17\n21 Effect of being unaware of amendment or cancellation of authority 17\n22 Protection from criminal responsibility for certain ancillary conduct 18\nDivision 3.2 Compensation and notification of third parties\n23 Compensation for property loss or serious damage 18\n24 Notification requirements 19\nDivision 3.3 Mutual recognition\n25 Mutual recognition of corresponding authority 20\nPart 4 Compliance and monitoring\nDivision 4.1 Restrictions on disclosure of information\n26 Unauthorised disclosure of information 21\nDivision 4.2 Reporting and record-keeping\n27 Principal law enforcement officers’ reports 22\n28 Chief officers’ annual reports 23\n29 Keeping documents connected with authorised operation 25\n30 General register 26\nDivision 4.3 Inspections\n31 Inspection of records by ombudsman 28\nPart 5 Miscellaneous\n32 Evidence of authorities 29\n\nContents\nPage\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Delegation 29\n34 Regulation-making power 30\nDictionary 31\nEndnotes\n1 About the endnotes 35\n2 Abbreviation key 35\n3 Legislation history 36\n4 Amendment history 37\n5 Earlier republications 38\n\n\n\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCrimes (Controlled Operations)\nAct 2008\nAn Act to provide for the authorisation, conduct and monitoring of controlled\noperations\n\nPart 1 Preliminary\nSection 1\npage 2 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Crimes (Controlled Operations) Act 2008.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘urgent application—see section 9.’\nmeans that the term ‘urgent application’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Objects of Act\nThe objects of this Act are—\n(a) to provide for the authorisation, conduct and monitoring of\ncontrolled operations, including operations conducted in the\nACT, in the ACT and 1 or more other jurisdictions or in 1 or\nmore participating jurisdictions—\n(i) for the purpose of obtaining evidence that may lead to the\nprosecution of people for particular offences; and\n(ii) that involve or may involve conduct for which participants\nin the operation would otherwise be criminally responsible;\nand\n(b) to facilitate mutual recognition of things done in relation to\ncontrolled operations authorised under laws of other\njurisdictions corresponding to this Act; and\n(c) to ensure, as far as practicable, that appropriately trained people\nmay act as participants in authorised operations; and\n(d) to ensure that a person who may act as a participant in an\nauthorised operation engages in otherwise unlawful activities\nonly as part of the authorised operation; and\n(e) to provide appropriate protection from civil and criminal\nliability for people acting under this Act; and\n(f) to clarify the status of evidence obtained by participants in\nauthorised operations.\n7 Relationship to other laws and matters\n(1) This Act does not affect any territory law that authorises, controls or\nmonitors the conduct of operations wholly within the ACT—\n(a) that are for the purpose of obtaining evidence that may lead to\nthe prosecution of a person for an offence; and\n\nPart 1 Preliminary\nSection 7\npage 4 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) that involve, or may involve, conduct for which participants in\nthe operation would otherwise be criminally responsible.\nNote Territory law includes the common law (see Legislation Act, dict, pt 1,\ndef territory law and law, of the Territory).\n(2) A function conferred in relation to the activities of the Australian\nCrime Commission under this Act is only conferred for the purpose\nof the function conferred on the Australian Crime Commission under\nthe Australian Crime Commission (ACT) Act 2003 relating to\nsuspected serious and organised crime as defined in that Act.\n(3) Subject to subsection (4), this Act does not limit a discretion a court\nhas—\n(a) to admit or exclude evidence in a proceeding; or\n(b) to stay a criminal proceeding in the interests of justice.\n(4) However, in deciding whether evidence should be admitted or\nexcluded in a proceeding, the fact that the evidence was obtained as\na result of a person engaging in criminal activity or corrupt conduct\nis to be disregarded if—\n(a) the person was a participant or corresponding participant acting\nin the course of an authorised operation or corresponding\nauthorised operation; and\n(b) the criminal activity or corrupt conduct was controlled conduct\nwithin the meaning of this Act or controlled conduct within the\nmeaning of a corresponding law.\n(5) The following Acts do not apply to investigations, operations,\nactivities and records under this Act:\n(a) the Freedom of Information Act 2016;\n(b) the Territory Records Act 2002.\n\nPreliminary Part 1\nSection 8\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Controlled operation taken to be conducted in ACT\nFor this Act, a controlled operation in relation to a relevant offence is\ntaken to be conducted in the ACT, whether or not it is also conducted\nin another jurisdiction, if a participant in the operation is a law\nenforcement officer of the ACT.\n\nPart 2 Authorisation of controlled operations\nSection 9\npage 6 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Authorisation of controlled\noperations\n9 Application for authority to conduct controlled operation\n(1) A law enforcement officer of a law enforcement agency may apply to\nthe chief officer of the agency for an authority to conduct a controlled\noperation on behalf of the agency.\n(2) An application for an authority may be made—\n(a) in writing signed by the applicant (a standard application); or\n(b) if the applicant has reason to believe that the delay caused by\nmaking a standard application may affect the success of the\noperation—orally in person or by telephone, fax, email or any\nother means of communication (an urgent application).\n(3) This part does not prevent an application for an authority being made\nin relation to a controlled operation that has been the subject of a\nprevious application.\n(4) In any application, whether standard or urgent, the applicant must—\n(a) provide sufficient information to enable the chief officer to\ndecide whether or not to grant the application; and\n(b) state whether or not the proposed operation, or any other\ncontrolled operation in relation to the same criminal activity or\ncorrupt conduct, has been the subject of an earlier application\nfor an authority or amendment of an authority and, if so, whether\nor not the authority or amendment was granted.\n(5) The chief officer may require the applicant to give the chief officer\nthe additional information the chief officer reasonably needs to decide\nthe application.\n(6) As soon as practicable after making an urgent application, the\napplicant must make a written record of the application and give a\ncopy of it to the chief officer.\n\nAuthorisation of controlled operations Part 2\nSection 10\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Decision on application for authority\n(1) After considering an application for an authority to conduct a\ncontrolled operation, and any additional information given under\nsection 9 (5), the chief officer may—\n(a) authorise the operation by granting the authority, either\nunconditionally or subject to conditions; or\n(b) refuse the application.\n(2) An authority to conduct a controlled operation may not be granted\nunless the chief officer is satisfied on reasonable grounds that—\n(a) a relevant offence has been, is being or is likely to be committed;\nand\n(b) the controlled operation will be, or is likely to be, conducted in\nthe ACT, in the ACT and 1 or more other jurisdictions or in 1 or\nmore participating jurisdictions; and\n(c) the nature and extent of the suspected criminal activity or\ncorrupt conduct justify the conduct of a controlled operation in\nthe ACT, in the ACT and 1 or more other jurisdictions or in 1 or\nmore participating jurisdictions; and\n(d) any unlawful conduct involved in conducting the operation will\nbe limited to the minimum necessary to conduct an effective\ncontrolled operation; and\n(e) the operation will be conducted in a way that will minimise the\nrisk of more illicit goods being under the control of people, other\nthan law enforcement officers, at the end of the operation than\nare reasonably necessary to enable the officers to achieve the\npurpose of the controlled operation; and\n(f) the proposed controlled conduct will be able to be accounted for\nin a way that will enable the reporting requirements of part 4 to\nbe complied with; and\n\nPart 2 Authorisation of controlled operations\nSection 11\npage 8 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) the operation will not be conducted in a way that a person is\nlikely to be induced to—\n(i) commit an offence against a law of any jurisdiction or the\nCommonwealth that the person would not otherwise have\ncommitted; or\n(ii) engage in corrupt conduct; and\n(h) any conduct involved in the operation will not—\n(i) endanger the health or safety of any person; or\n(ii) cause the death of, or injury to, any person; or\n(iii) involve the commission of a sexual offence against any\nperson; or\n(iv) result in unlawful loss of or serious damage to property\n(other than illicit goods); and\n(i) any role assigned to a civilian participant in the operation is not\none that could be adequately performed by a law enforcement\nofficer.\n11 Form of authority\n(1) An authority to conduct a controlled operation may be granted—\n(a) in writing signed by the chief officer (a standard authority); or\n(b) if the chief officer is satisfied that the delay caused by granting\na standard authority may affect the success of the operation—\norally in person or by telephone, fax, email or any other means\nof communication (an urgent authority).\n(2) This part does not prevent an authority being granted in relation to a\ncontrolled operation that has been the subject of a previous authority.\n\nAuthorisation of controlled operations Part 2\nSection 11\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An authority, whether standard or urgent, must—\n(a) state the name and rank or position of the person granting the\nauthority; and\n(b) identify the principal law enforcement officer and, if the\nprincipal law enforcement officer is not the applicant for the\nauthority, the name of the applicant; and\n(c) state whether the application is a standard application or an\nurgent application; and\n(d) identify each person who may engage in controlled conduct for\nthe purposes of the controlled operation; and\n(e) state the participating jurisdictions in which the controlled\nconduct is, or is likely, to be engaged in; and\n(f) identify the nature of the criminal activity (including the\nsuspected relevant offences) or corrupt conduct in relation to\nwhich the controlled conduct is to be engaged in; and\n(g) identify—\n(i) in relation to the law enforcement participants—the nature\nof the controlled conduct that the participants may engage\nin; and\n(ii) in relation to the civilian participants—the particular\ncontrolled conduct (if any) that each participant may\nengage in; and\n(h) identify (to the extent known) any suspect; and\n(i) state the period (not longer than 3 months for a standard\nauthority or 7 days for an urgent authority) of validity of the\nauthority; and\n(j) state any conditions to which the conduct of the operation is\nsubject; and\n(k) state the date and time when the authority is granted; and\n\nPart 2 Authorisation of controlled operations\nSection 12\npage 10 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(l) identify (to the extent known)—\n(i) the nature and quantity of any illicit goods that will be\ninvolved in the operation; and\n(ii) the route through which those goods will pass in the course\nof the operation.\n(4) A person is sufficiently identified for subsection (3) (d) if the person\nis identified—\n(a) by an assumed name under which the person is operating; or\n(b) by a code name or code number—\nso long as the assumed name, code name or code number can be\nmatched to the person’s identity.\n(5) The chief officer must ensure that written notes are kept of the details\nmentioned in subsection (3) for each urgent authority.\n12 Duration of authority\nUnless sooner cancelled, an authority has effect for the period of\nvalidity stated in it in accordance with section 11 (3) (i).\n13 Amendment of authority\n(1) The chief officer may amend an authority—\n(a) at any time on the chief officer’s own initiative; or\n(b) on application under subsection (3).\n(2) However, an amendment cannot be made that has the effect of—\n(a) extending the period of validity of an urgent authority; or\n(b) extending the period of validity of a standard authority for\nlonger than 3 months after the date it was granted.\n\nAuthorisation of controlled operations Part 2\nSection 13\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The principal law enforcement officer for an authorised operation, or\nany other law enforcement officer on behalf of the principal law\nenforcement officer, may apply to the chief officer for an amendment\nof an authority for any 1 or more of the following purposes:\n(a) to extend the period of validity of the authority (except as\nprovided by subsection (2));\n(b) to authorise additional or alternative people to engage in\ncontrolled conduct for the purposes of the operation;\n(c) to authorise participants in the operation to engage in additional\nor alternative controlled conduct;\n(d) to identify additional suspects (to the extent known).\n(4) More than 1 application for amendment may be made in relation to\nthe same authority.\n(5) An application for amendment of an authority may be made—\n(a) in writing signed by the applicant (a standard amendment\napplication); or\n(b) if the applicant has reason to believe that the delay caused by\nmaking a standard amendment application may affect the\nsuccess of the operation—orally in person or by telephone, fax,\nemail or any other means of communication (an urgent\namendment application).\n(6) The chief officer may require the applicant to give the information\nconcerning the proposed amendment that is necessary for the chief\nofficer’s proper consideration of the application.\n(7) As soon as practicable after making an urgent amendment\napplication, the applicant must make a written record of the\napplication and give a copy of it to the chief officer.\n\nPart 2 Authorisation of controlled operations\nSection 13\npage 12 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(8) After considering an application for amendment of an authority, and\nany additional information given under subsection (6), the chief\nofficer may—\n(a) amend the authority in accordance with the application, either\nunconditionally or subject to conditions; or\n(b) refuse the application.\n(9) Section 10 (2) applies to an application for amendment of an authority\nunder this section in the same way as it applies to an application for\nan authority under section 10 (1).\n(10) Without limiting subsection (9), an amendment of an authority may\nnot be granted unless the chief officer is satisfied on reasonable\ngrounds that the amendment will not authorise a significant alteration\nof the nature of the authorised operation concerned.\n(11) An amendment of an authority may be granted only—\n(a) in writing signed by the chief officer (a standard amendment of\nauthority); or\n(b) if the chief officer is satisfied that the delay caused by granting\na standard amendment of authority may affect the success of the\noperation—orally in person or by telephone, fax, email or any\nother means of communication (an urgent amendment of\nauthority).\n(12) The chief officer must—\n(a) ensure that written notes are kept of the following matters:\n(i) the date and time when the amendment of authority was\ngranted;\n(ii) the identity of the law enforcement officer to whom the\namendment of authority was granted;\n(iii) particulars of the amendments of the original authority that\nare approved under this section; and\n\nAuthorisation of controlled operations Part 2\nSection 14\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) as soon as practicable, prepare and give to the applicant a written\namendment of authority that complies with section 14.\n(13) The applicant must take all reasonable steps to inform participants in\na controlled operation about the grant of a standard amendment of\nauthority no later than 48 hours after the day the standard amendment\nof authority is granted.\n14 Form of amendment of authority\nAn amendment of an authority must—\n(a) identify the authorised operation for which the authority is in\nforce; and\n(b) state the name, and rank or position, of the person granting the\namendment; and\n(c) if the application for amendment is made under section 13 (3)—\nstate the name of the applicant; and\n(d) state whether the application is a standard amendment\napplication or was an urgent amendment application; and\n(e) state the date and time when the amendment of an authority is\nor was granted; and\n(f) describe the amendment having regard to the purposes\nmentioned in section 13 (3) in relation to which the application\nwas made.\n15 Cancellation of authority\n(1) The chief officer may, by written order given to the principal law\nenforcement officer for an authorised operation, cancel the authority\nat any time and for any reason.\n(2) Without limiting subsection (1), the chief officer may cancel an\nauthority for an authorised operation at any time at the request of the\nprincipal law enforcement officer for the operation.\n\nPart 2 Authorisation of controlled operations\nSection 16\npage 14 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Cancellation of an authority for a controlled operation takes effect—\n(a) when the order is made; or\n(b) if the order states a later time of effect—at the later time.\n16 Effect of authority\n(1) While it has effect, an authority for a controlled operation\nauthorises—\n(a) each law enforcement participant to engage in the controlled\nconduct stated in the authority in relation to the law enforcement\nparticipants; and\n(b) each civilian participant (if any) to engage in the particular\ncontrolled conduct (if any) stated in the authority in relation to\nthe participant; and\n(c) each participant to engage in that conduct in the ACT or any\nparticipating jurisdiction (subject to any corresponding law of\nthat participating jurisdiction).\n(2) The authority to engage in controlled conduct given to a participant\ncannot be delegated to any other person.\n17 Defect in authority\nAn application for an authority or amendment of an authority, and\nany authority or amendment of an authority granted on the basis of an\napplication, is not invalidated by any defect, other than a defect that\naffects the application, authority or amendment in a material\nparticular.\n\nConduct of controlled operations Part 3\nControlled conduct engaged in for authorised operation Division 3.1\nSection 18\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Conduct of controlled operations\nDivision 3.1 Controlled conduct engaged in for\nauthorised operation\n18 Protection from criminal responsibility for controlled\nconduct during authorised operation\nDespite any other territory law, a participant who engages in conduct\n(whether in the ACT or elsewhere) in an authorised operation in the\ncourse of, and for the purposes of, the operation is not, if engaging in\nthat conduct is an offence, criminally responsible for the offence if—\n(a) the conduct is authorised by, and is engaged in in accordance\nwith, the authority for the operation; and\n(b) the conduct does not involve the participant intentionally\ninducing a person to commit an offence against a law of any\njurisdiction or the Commonwealth that the person would not\notherwise have committed; and\n(c) the conduct does not involve the participant engaging in any\nconduct that is likely to—\n(i) cause the death of, or serious injury to, any person; or\n(ii) involve the commission of a sexual offence against any\nperson; and\n(d) if the participant is a civilian participant—the participant acts in\naccordance with the instructions of a law enforcement officer.\n\nPart 3 Conduct of controlled operations\nDivision 3.1 Controlled conduct engaged in for authorised operation\nSection 19\npage 16 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Civil liability not incurred\n(1) This section applies if a controlled operation has been authorised by\nthe chief officer of a law enforcement agency under section 10.\n(2) A participant in the authorised operation does not incur any civil\nliability because of conduct that the participant engages in if—\n(a) the participant engages in the conduct in the course of, and for\nthe purposes of, the operation in accordance with the authority\nfor the operation; and\n(b) the conduct does not involve the participant intentionally\ninducing a person to—\n(i) commit an offence under a law of any jurisdiction or the\nCommonwealth that the person would not otherwise have\ncommitted; or\n(ii) engage in corrupt conduct; and\n(c) the conduct does not involve the participant engaging in any\nconduct that is likely to—\n(i) cause the death of, or serious injury to, any person; or\n(ii) involve the commission of a sexual offence against any\nperson; and\n(d) if the participant is a civilian participant—the participant acts in\naccordance with the instructions of a law enforcement officer;\nand\n(e) the requirements (if any) prescribed by regulation have been\nmet.\n(3) Any liability that would, apart from this section, attach to the\nparticipant, attaches instead to the Territory.\n\nConduct of controlled operations Part 3\nControlled conduct engaged in for authorised operation Division 3.1\nSection 20\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Effect of s 18 and s 19 on other laws relating to criminal\ninvestigation\nSection 18 and section 19 do not apply to a person’s conduct that is,\nor could have been, authorised under a territory law relating to the\nfollowing:\n(a) arrest or detention of individuals;\n(b) searches of individuals;\n(c) entry onto, or searches or inspection of, premises;\n(d) searches, inspections or seizures of other property;\n(e) forensic procedures;\n(f) electronic surveillance devices or telecommunications\ninterception;\n(g) identification procedures;\n(h) the acquisition or use of assumed identities;\n(i) any other matter concerning powers of criminal investigation.\n21 Effect of being unaware of amendment or cancellation of\nauthority\n(1) If an authority for a controlled operation is amended in a way that\nlimits its scope, this part continues to apply to a participant in the\noperation as if the authority had not been amended in that way, for so\nlong as the participant—\n(a) is unaware of the amendment; and\n(b) is not reckless about the existence of the amendment.\n(2) If an authority for a controlled operation is cancelled, this part\ncontinues to apply to a participant in the operation as if the authority\nhad not been cancelled, for so long as the participant—\n(a) is unaware of the cancellation; and\n\nPart 3 Conduct of controlled operations\nDivision 3.2 Compensation and notification of third parties\nSection 22\npage 18 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) is not reckless about the existence of the cancellation.\n22 Protection from criminal responsibility for certain\nancillary conduct\n(1) This section applies to conduct (ancillary conduct) for which a\nperson may be criminally responsible because it involves conduct\nengaged in by another person that is controlled conduct for which the\nother person would (apart from section 18) be criminally responsible\n(the related controlled conduct).\nExamples—ancillary conduct\n1 aiding and abetting (see Criminal Code, s 45)\n2 conspiracy (see Criminal Code, s 48)\n(2) Despite any other territory law, a person who engages in ancillary\nconduct that is an offence is not criminally responsible for the offence\nif at the time the person engaged in the ancillary conduct—\n(a) the person believed the related controlled conduct was being\nengaged in, or would be engaged in, by a participant in an\nauthorised operation; and\n(b) the person was a participant in, or was otherwise authorised to\nknow about, the operation.\nDivision 3.2 Compensation and notification of\nthird parties\n23 Compensation for property loss or serious damage\n(1) If a person suffers loss of or serious damage to property as a direct\nresult of an authorised operation conducted under this Act by the\nAustralian Federal Police, the Territory is liable to pay to the person\ncompensation as agreed between the Territory and the person or, in\ndefault of agreement, as decided by action against the Territory in a\ncourt of competent jurisdiction.\n\nConduct of controlled operations Part 3\nCompensation and notification of third parties Division 3.2\nSection 24\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) does not apply if the person—\n(a) suffered the loss or damage in the course of, or as a direct result\nof, engaging in any criminal activity or corrupt conduct (other\nthan criminal activity or corrupt conduct that is controlled\nconduct); or\n(b) was a law enforcement officer involved in the authorised\noperation at the time of suffering the loss or damage.\n24 Notification requirements\n(1) If any loss of or serious damage to property occurs in the course of or\nas a direct result of an authorised operation (other than property of the\nlaw enforcement agency on behalf of which the operation is\nconducted or a participant in the operation), the principal law\nenforcement officer for the operation must report the loss or damage\nto the chief officer of the law enforcement agency as soon as\npracticable.\n(2) The chief officer must take all reasonable steps to notify the owner of\nthe property of the loss or damage.\n(3) The chief officer is not required to notify the owner of the property\nuntil satisfied that notification would not—\n(a) compromise or hinder the authorised operation; or\n(b) compromise the identity of a participant in the authorised\noperation; or\n(c) endanger the life or safety of any person; or\n(d) prejudice any legal proceeding; or\n(e) otherwise be contrary to the public interest.\n\nPart 3 Conduct of controlled operations\nDivision 3.3 Mutual recognition\nSection 25\npage 20 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.3 Mutual recognition\n25 Mutual recognition of corresponding authority\nThe following provisions apply, with any necessary changes, to a\ncorresponding authority under a corresponding law, and to a\ncorresponding authorised operation under that law, as if the\ncorresponding authority were an authority given under section 10:\n(a) section 16 (Effect of authority);\n(b) section 17 (Defect in authority);\n(c) section 18 (Protection from criminal responsibility for\ncontrolled conduct during authorised operation);\n(d) section 19 (Civil liability not incurred);\n(e) section 20 (Effect of s 18 and s 19 on other laws relating to\ncriminal investigation);\n(f) section 21 (Effect of being unaware of amendment or\ncancellation of authority);\n(g) section 22 (Protection from criminal responsibility for certain\nancillary conduct).\n\nCompliance and monitoring Part 4\nRestrictions on disclosure of information Division 4.1\nSection 26\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Compliance and monitoring\nDivision 4.1 Restrictions on disclosure of\ninformation\n26 Unauthorised disclosure of information\n(1) A person commits an offence if—\n(a) the person is a participant in, or is otherwise authorised to have\ninformation about, an authorised operation or a corresponding\nauthorised operation; and\n(b) the person discloses information; and\n(c) the information relates to the authorised operation or\ncorresponding authorised operation; and\n(d) the disclosure is not made—\n(i) in connection with the administration or execution of this\nAct or a corresponding law; or\n(ii) for the purposes of any legal proceeding arising out of or\notherwise related to this Act or a corresponding law or of\nany report of any such proceeding; or\n(iii) in accordance with any requirement imposed by law.\nMaximum penalty: imprisonment for 2 years.\n(2) A person commits an offence if the person commits an offence\nagainst subsection (1) in circumstances in which the person—\n(a) intends to endanger the health or safety of any person; or\n(b) is reckless about whether the disclosure of the information\nendangers or will endanger the health or safety of any person.\nMaximum penalty: imprisonment for 10 years.\n\nPart 4 Compliance and monitoring\nDivision 4.2 Reporting and record-keeping\nSection 27\npage 22 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A person commits an offence if the person commits an offence\nagainst subsection (1) in circumstances in which the person––\n(a) intends to prejudice the effective conduct of an authorised\noperation or a corresponding authorised operation; or\n(b) is reckless about whether the disclosure of the information\nprejudices or will prejudice the effective conduct of an\nauthorised operation or a corresponding authorised operation.\nMaximum penalty: imprisonment for 2 years.\nDivision 4.2 Reporting and record-keeping\n27 Principal law enforcement officers’ reports\n(1) Within 2 months after the completion of an authorised operation, the\nprincipal law enforcement officer for the operation must make a\nreport in accordance with this section to the chief officer of the law\nenforcement agency.\n(2) The report must include the following details:\n(a) the dates and times when the authorised operation began and\nwas completed;\n(b) the nature of the controlled conduct engaged in for the purposes\nof the operation;\n(c) details of the outcome of the operation;\n(d) if the operation involved illicit goods, a statement (to the extent\nknown) of—\n(i) the nature and quantity of the illicit goods; and\n(ii) the route through which the illicit goods passed in the\ncourse of the operation;\n\nCompliance and monitoring Part 4\nReporting and record-keeping Division 4.2\nSection 28\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) details of any loss of or serious damage to property, or any\npersonal injuries, occurring in the course of or as a direct result\nof the operation.\n28 Chief officers’ annual reports\n(1) As soon as practicable after 30 July in each year, the chief officer of\neach law enforcement agency must give the Minister a report setting\nout the details required by subsection (2) in relation to controlled\noperations conducted on behalf of the agency during the previous\nfinancial year.\n(2) The report must include the following details:\n(a) the number of standard authorities that were granted or amended\nby the chief officer, and the number of standard applications for\nthe granting or amendment of authorities that were refused by\nthe chief officer, during the period to which the report relates;\n(b) the number of urgent authorities or urgent amendments of\nauthorities that were granted by the chief officer, and the number\nof urgent applications for authorities or urgent amendments of\nauthorities that were refused by the chief officer, during the\nperiod to which the report relates;\n(c) the nature of the criminal activities or corrupt conduct against\nwhich the authorised operations were directed;\n(d) the nature of the controlled conduct engaged in for the purposes\nof the authorised operations;\n(e) if any of the authorised operations involved illicit goods––a\nstatement (to the extent known) of—\n(i) the nature and quantity of the illicit goods; and\n(ii) the route through which the illicit goods passed in the\ncourse of the operations;\n\nPart 4 Compliance and monitoring\nDivision 4.2 Reporting and record-keeping\nSection 28\npage 24 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) details of any loss of or serious damage to property, or any\npersonal injuries, occurring in the course of or as a direct result\nof the authorised operations;\n(g) the number of authorities cancelled by the chief officer or that\nexpired during the period to which the report relates;\n(h) any seizure, arrest and prosecution arising from the authorised\noperations.\n(3) The Minister may require the chief officer to give additional\ninformation in relation to any authorised operation to which a report\nrelates.\n(4) The details mentioned in subsection (2) must be classified into\ncontrolled operations conducted in the ACT, in the ACT and 1 or\nmore other jurisdictions or in 1 or more participating jurisdictions.\n(5) The report must not disclose any information that identifies any\nsuspect or a participant in an authorised operation or that is likely to\nlead to a suspect or participant being identified.\n(6) This section does not require particulars of an authorised operation to\nbe included in a report for a year if the operation had not been\ncompleted as at 30 June in that year, but the particulars must instead\nbe included in the report for the year in which the operation is\ncompleted.\n(7) The chief officer must advise the Minister of any information in the\nreport that, in the chief officer’s opinion, should be excluded from the\nreport before the report is presented to the Legislative Assembly\nbecause the information, if made public, could reasonably be\nexpected to—\n(a) endanger a person’s safety; or\n\nCompliance and monitoring Part 4\nReporting and record-keeping Division 4.2\nSection 29\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) prejudice an investigation or prosecution; or\n(c) compromise any law enforcement agency’s operational\nactivities or methodologies.\n(8) The Minister must exclude information from the report if satisfied on\nthe advice of the chief officer of any of the grounds set out in\nsubsection (7).\n(9) The Minister must present a copy of the report to the Legislative\nAssembly within 15 sitting days from the day on which the report is\nreceived by the Minister.\n29 Keeping documents connected with authorised operation\nThe chief officer of a law enforcement agency must cause the\nfollowing to be kept:\n(a) each standard application made by a law enforcement officer of\nthe agency;\n(b) each standard authority granted to a law enforcement officer of\nthe agency;\n(c) each standard amendment application made by a law\nenforcement officer of the agency;\n(d) each standard amendment of authority granted to a law\nenforcement officer of the agency;\n(e) each order cancelling an authority granted to a law enforcement\nofficer of the agency;\n(f) each report of a principal law enforcement officer of the agency\nunder section 24 (1) or section 27.\n\nPart 4 Compliance and monitoring\nDivision 4.2 Reporting and record-keeping\nSection 30\npage 26 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 General register\n(1) The chief officer of a law enforcement agency must cause a general\nregister to be kept.\n(2) The general register is to specify—\n(a) for each application under this Act made by a law enforcement\nofficer of the agency (including an application for amendment\nof an authority)—\n(i) the date of the application; and\n(ii) whether the application was standard or urgent; and\n(iii) whether the application was made for a controlled\noperation conducted in the ACT, in the ACT and 1 or more\nother jurisdictions or in 1 or more participating\njurisdictions; and\n(iv) whether the application was granted, refused or withdrawn;\nand\n(v) if the application was refused or withdrawn, the date and\ntime of the refusal or withdrawal; and\n(vi) if the authority was amended, the date and time of the\namendment; and\n(b) for each authority under this Act granted to a law enforcement\nofficer of the agency—\n(i) the date and time when the authority was granted; and\n(ii) whether the authority was standard or urgent; and\n(iii) whether the application was made for a controlled\noperation conducted in the ACT, in the ACT and 1 or more\nother jurisdictions or in 1 or more participating\njurisdictions; and\n\nCompliance and monitoring Part 4\nReporting and record-keeping Division 4.2\nSection 30\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) the name, and rank or position, of the person who granted\nthe authority; and\n(v) each relevant offence in respect of which controlled\nconduct under the authority was to be engaged in; and\n(vi) the period of validity of the authority; and\n(vii) if the authority was cancelled, the date and time of\ncancellation; and\n(viii) the date and time when the authorised operation began and\nthe date of completion of the operation; and\n(ix) the date on which the principal law enforcement officer for\nthe operation made a report on the operation under section\n27; and\n(x) if the authorised operation involved illicit goods (to the\nextent known)—\n(A) the nature and quantity of the illicit goods; and\n(B) the route through which the illicit goods passed in the\ncourse of the operation; and\n(xi) details of any loss of or serious damage to property, or any\npersonal injuries, occurring in the course of or as a direct\nresult of the operation; and\n(c) for each amendment of an authority—\n(i) the date and time when the amendment was made; and\n(ii) whether the amendment was standard or urgent; and\n(iii) the name, and rank or position, of the person who made the\namendment.\n\nPart 4 Compliance and monitoring\nDivision 4.3 Inspections\nSection 31\npage 28 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.3 Inspections\n31 Inspection of records by ombudsman\n(1) The ombudsman must, from time to time and at least once every\n12 months, inspect the records of a law enforcement agency to\ndetermine the extent of compliance with this Act by the agency and\nlaw enforcement officers of the agency.\n(2) For the purpose of an inspection under this section, the ombudsman—\n(a) after notifying the chief officer of the law enforcement agency,\nmay enter at any reasonable time premises occupied by the\nagency; and\n(b) is entitled to have full and free access at all reasonable times to\nall records of the agency that are relevant to the inspection; and\n(c) may require a member of staff of the agency to give the\nombudsman any information that the ombudsman considers\nnecessary, being information that is in the member’s possession,\nor to which the member has access, and that is relevant to the\ninspection.\n(3) The chief officer must ensure that members of staff of the agency give\nthe ombudsman any assistance the ombudsman reasonably requires\nto enable the ombudsman to exercise functions under this section.\n(4) The ombudsman must give a written report prepared under the\nAnnual Reports (Government Agencies) Act 2004, on the results of\neach inspection under this section in the preceding financial year.\n(5) The report must include a report on the comprehensiveness and\nadequacy of the records of the agency and the cooperation given by\nthe agency in facilitating the inspection by the ombudsman of those\nrecords.\n\nMiscellaneous Part 5\nSection 32\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n32 Evidence of authorities\n(1) A document purporting to be an authority granted under section 10—\n(a) is admissible in any legal proceedings; and\n(b) in the absence of evidence to the contrary, is proof in any\nproceedings (not being criminal or disciplinary proceedings\nagainst a law enforcement officer) that the person who granted\nthe authority was satisfied of the facts of which he or she was\nrequired to be satisfied before granting the authority.\n(2) A document purporting to be an authority within the meaning of a\ncorresponding law granted under a provision of the corresponding\nlaw that corresponds to section 10—\n(a) is admissible in any legal proceedings in the ACT; and\n(b) in the absence of evidence to the contrary, is proof in any\nproceedings (not being criminal or disciplinary proceedings\nagainst a law enforcement officer) that the person who granted\nthe authority was satisfied of the facts of which he or she was\nrequired to be satisfied under the corresponding law before\ngranting the authority.\n33 Delegation\n(1) Except as provided by this section, and despite any other Act or law\nto the contrary, the functions of a chief officer under this Act must\nnot be delegated to any other person.\n(2) A chief officer may delegate to a senior officer of the law enforcement\nagency any of the chief officer’s functions under this Act relating to\nthe authorisation of controlled operations (including the amendment\nand cancellation of controlled operations and notifications under\nsection 24 (2)).\n\nPart 5 Miscellaneous\nSection 34\npage 30 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nsenior officer means a person for the time being holding office as—\n(a) in relation to the Australian Federal Police—a police officer of\nthe rank of commander (or a higher rank); or\n(b) in relation to the Australian Crime Commission, any of the\nfollowing:\n(i) the Director National Operations;\n(ii) a Director;\n(iii) an office of the Australian Crime Commission that is\nprescribed by regulation; or\n(c) in relation to the integrity commission––a position of the\nintegrity commission prescribed by regulation.\n34 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• chief police officer\n• function\n• integrity commission\n• integrity commissioner\n• Legislative Assembly\n• ombudsman\n• territory law\n• the Territory.\nAustralian Crime Commission means the Australian Crime\nCommission established by the Australian Crime Commission\nAct 2002 (Cwlth).\nauthorised operation means a controlled operation for which an\nauthority is in force.\nauthority means an authority in force under part 2 (Authorisation of\ncontrolled operations).\nchief officer means––\n(a) in relation to the Australian Federal Police––the chief police\nofficer; and\n(b) in relation to the Australian Crime Commission––means the\nchief executive officer of the Australian Crime Commission;\nand\n(c) in relation to the integrity commission––the integrity\ncommissioner.\ncivilian participant, in an authorised operation, means a participant\nin the operation who is not a law enforcement officer.\n\nDictionary\npage 32 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nconduct includes an act or omission.\ncontrolled conduct means conduct for which a person would, apart\nfrom section 18 (Protection from criminal responsibility for\ncontrolled conduct during authorised operation) or section 25 (Mutual\nrecognition of corresponding authority), be criminally responsible.\ncontrolled operation means an operation that—\n(a) is conducted, or intended to be conducted, for the purpose of\nobtaining evidence that may—\n(i) lead to the prosecution of a person for a relevant offence;\nor\n(ii) be used in an investigation under the Integrity Commission\nAct 2018; and\n(b) involves, or may involve, controlled conduct.\ncorresponding authorised operation means any operation in the\nnature of a controlled operation that is authorised by or under the\nprovisions of a corresponding law.\ncorresponding authority means an authority authorising a controlled\noperation (within the meaning of a corresponding law) that is in force\nunder a corresponding law.\ncorresponding law means a law of another jurisdiction that\ncorresponds to this Act, and includes a law of another jurisdiction that\nis declared by regulation to correspond to this Act.\ncorresponding participant means a person who is authorised by a\ncorresponding authority to participate in a corresponding authorised\noperation.\ncorrupt conduct—see the Integrity Commission Act 2018, dictionary.\ncriminal activity means conduct that involves the commission of an\noffence by 1 or more people.\nillicit goods means goods the possession of which is a contravention\nof the law of the ACT.\n\nDictionary\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ninvestigator—see the Integrity Commission Act 2018, dictionary.\njurisdiction means a State or Territory of the Commonwealth.\nlaw enforcement agency means—\n(a) the Australian Federal Police; or\n(b) the Australian Crime Commission; or\n(c) the integrity commission.\nlaw enforcement officer—\n(a) means—\n(i) for the Australian Federal Police—a police officer; or\n(ii) for the Australian Crime Commission—a member of staff\nof the Australian Crime Commission; or\n(iii) for the integrity commission—an investigator; and\n(b) includes a person who is seconded to a law enforcement agency,\nincluding (but not limited to) a member of the police force or\npolice service, and a police officer (however described), of\nanother jurisdiction.\nlaw enforcement participant, in an authorised operation, means a\nparticipant in the operation who is a law enforcement officer.\nparticipant, in an authorised operation, means a person who is\nauthorised under this Act to engage in controlled conduct for the\npurposes of the operation.\nparticipating jurisdiction means a jurisdiction in which a\ncorresponding law is in force.\nprincipal law enforcement officer, for an authorised operation,\nmeans the law enforcement officer who is responsible for the conduct\nof the operation.\n\nDictionary\npage 34 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrelevant offence means—\n(a) an offence against an ACT law punishable by imprisonment of\n3 years or more; or\n(b) an offence against an ACT law that is prescribed by regulation.\nstandard amendment application—see section 13.\nstandard amendment of authority—see section 13.\nstandard application—see section 9.\nstandard authority—see section 11.\nsuspect means a person reasonably suspected of—\n(a) having committed or being likely to have committed, or of\ncommitting or being likely to commit, a relevant offence; or\n(b) having engaged in or being likely to have engaged in, or of\nengaging in or being likely to engage in, corrupt conduct.\nurgent amendment application—see section 13.\nurgent amendment of authority—see section 13.\nurgent application—see section 9.\nurgent authority—see section 11.\n\nEndnotes\nAbout the endnotes 1\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 36 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nCrimes (Controlled Operations) Act 2008 A2008-32\nnotified LR 18 August 2008\ns 1, s 2 commenced 18 August 2008 (LA s 75 (1))\nremainder commenced 19 August 2008 (s 2)\nas amended by\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.5 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.5 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.6 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nJustice and Community Safety Legislation Amendment\nAct 2021 (No 2) A2021-33 pt 5\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 5 commenced 17 December 2021 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR4\n17/12/21\nCrimes (Controlled Operations) Act 2008\nEffective: 17/12/21\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nRelationship to other laws and matters\ns 7 am A2016-55 amdt 4.7; A2018-52 amdt 1.32\nApplication for authority to conduct controlled operation\ns 9 am A2018-52 amdt 1.33\nDecision on application for authority\ns 10 am A2018-52 amdt 1.34, amdt 1.35\nForm of authority\ns 11 am A2018-52 amdt 1.36\nCivil liability not incurred\ns 19 am A2018-52 amdt 1.37\nCompensation for property loss or serious damage\ns 23 am A2018-52 amdt 1.38\nChief officers’ annual reports\ns 28 am A2018-52 amdt 1.39\nDelegation\ns 33 am A2018-52 amdt 1.40; A2021-33 s 13\nDictionary\ndict am A2018-52 amdt 1.41\ndef chief officer am A2018-52 amdt 1.42\ndef controlled operation am A2018-52 amdt 1.43\ndef corrupt conduct ins A2018-52 amdt 1.44\ndef investigator ins A2018-52 amdt 1.44\ndef law enforcement agency am A2018-52 amdt 1.45\ndef law enforcement officer am A2018-52 amdt 1.46\ndef suspect sub A2018-52 amdt 1.47\n\nEndnotes\n5 Earlier republications\npage 38 Crimes (Controlled Operations) Act 2008\nEffective: 17/12/21\nR4\n17/12/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n19 Aug 2008\n19 Aug 2008–\n31 Dec 2017\nnot amended new Act\nR2\n1 Jan 2018\n1 Jan 2018–\n30 Nov 2019\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\nR3\n1 Dec 2019\n1 Dec 2019–\n16 Dec 2021\nA2019-18 amendments by\nA2018-52 as\namended by\nA2019-18\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been broadened and clarified by later amendments (see Amendment history, endnote 4). Notably, provisions and the dictionary were amended to include the Integrity Commission as a law enforcement agency and to align controlled-operation definitions with the Integrity Commission Act 2018 (amendments to s7, s9–11, s13, s19, s23, s28, s33 and the Dictionary listed in endnote 4). Delegation rules were also adjusted (s33; A2018-52 and A2021-33)."},"complexity_factors":["High decisionmaker discretion: chief officer must be satisfied on reasonable grounds before granting authorities (s10(2)); chief officer may cancel/amend at any time (s13, s15).","Dual application routes: standard and urgent applications/authorities with different formality and time limits (s9(2), s11(1), s11(3)(i)).","Conditional immunity: criminal and civil protections depend on multiple substantive limits (no inducing offences, no serious injury/death/sexual offences, civilian adherence to instructions) (s18, s19).","Inter-jurisdictional and mutual recognition mechanics for corresponding laws and authorities (s8, s25), increasing cross-border legal interaction.","Extensive reporting, record-keeping and oversight requirements (principal officer reports, annual chief officer reports, general register) with content and disclosure limits (s27–30).","Strict confidentiality offences with tiered penalties and high maximums (s26).","Exclusions and interplay with other investigative powers (section 20 excludes application to many investigative powers), requiring careful legal navigation.","Ombudsman inspection mandate and access powers for compliance monitoring (s31).","Liability allocation and compensation rules that shift some civil liability to the Territory and specify compensation processes (s19(3), s23–24).","Delegation constraints and defined senior-officer thresholds differ by agency, adding procedural complexity (s33)."],"plain_english_summary":"This law lets authorised law-enforcement officers and authorised civilians carry out ‘controlled operations’ that would otherwise be illegal, for the purpose of gathering evidence (s6). A chief officer grants, amends or cancels authorities (s10–15). Participants acting within an authority are protected from criminal and, subject to conditions, civil liability (s18–19), while the Territory can be liable for certain losses (s19(3), s23). The Act sets detailed authorisation, reporting and secrecy rules (pt 2; pt 4)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2008 Act focused on traditional law enforcement (AFP and Australian Crime Commission). The scope expanded significantly with amendments in 2018-2019 to include the ACT Integrity Commission and 'corrupt conduct' investigations. This transformed the Act from a purely criminal investigation tool into one that also covers integrity/anti-corruption operations, substantially broadening its application beyond the original intent."},"complexity_factors":["Moderate length (34 sections plus dictionary) but highly structured with clear Parts and Divisions","18 defined terms in the Dictionary, plus signpost definitions pointing to sections (e.g., 'urgent application—see section 9')","Extensive cross-referencing to other ACT laws: Integrity Commission Act 2018, Criminal Code, Legislation Act 2001, Freedom of Information Act 2016, Territory Records Act 2002, Australian Crime Commission (ACT) Act 2003","Conditional logic throughout: protections in ss 18-19 only apply if multiple cumulative conditions are met (e.g., conduct authorised, no intentional inducement of crime, no serious injury, civilian participants following instructions)","Nested exceptions: s 20 excludes certain investigative powers from the Act's protections; s 23 excludes compensation for criminals; s 26 creates tiered offences (2 years, 10 years, 2 years) based on intent/recklessness","Dual pathways for urgent vs standard applications/authorities/amendments creating parallel procedural tracks (ss 9, 11, 13)","Mutual recognition provisions (s 25) importing concepts from other jurisdictions' laws","Specific evidentiary presumptions in s 32 that shift burdens in legal proceedings"],"plain_english_summary":"This Act authorises ACT law enforcement—and supervised civilian participants—to lawfully commit otherwise illegal acts during covert operations to investigate serious offences, with prior approval and legal immunity from criminal and civil liability if rules are followed. It forbids causing death/serious injury, sexual offences, or inducing crimes beyond a target’s predisposition, requires Ombudsman inspection and ministerial reporting, and enables mutual recognition with other jurisdictions. It affects the AFP, Australian Crime Commission, ACT Integrity Commission, participants, suspects and potentially harmed third parties."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/crimes-controlled-operations-act-2008","history":"/api/acts/crimes-controlled-operations-act-2008/history","analysis":"/api/acts/crimes-controlled-operations-act-2008/analysis","conflicts":"/api/acts/crimes-controlled-operations-act-2008/conflicts","importantCases":"/api/acts/crimes-controlled-operations-act-2008/important-cases","documents":"/api/acts/crimes-controlled-operations-act-2008/documents"}}